Essay on Relationship Between Sociology and Political Science

Sociology Has its Roots in Politics:

Morris Ginsberg writes: “Historically, sociology has its main roots in politics and philosophy of history”. The main works on social subjects such as Plato’s Republic, the Politics of Aristotle, Arthashastra of Kautilya, The Laws and Republic of Cicero and other classical works were treated to be complete works on political science. Only recently distinction between the two has been clearly made.

The Relationship between the Two:

Political Science and Sociology are so intimately connected as Garner said that the “political is embedded in the social that if political science remains distinct from sociology, it will be because of the breadth of the field calls for the specialist, not because there are any well-defined boundaries marking it off from sociology”.

Both the sciences are mutually helpful. In fact, political activity is only a part of social activity. Thus political science appears to be a branch of sociology. However, we cannot say that political science is just political sociology.

Political activity influences and is influenced by the social life of man. In fact, political activi­ties will have no meaning outside the social context. Politics is after all the reflection of society.

This is made clear by the common saying, that ‘people have the government which they deserve’. Political science gives sociology facts about the organisation and functions of the state and government. Political science derives from sociology a knowledge of the origin of the political authority.

Political science is concerned with the state. But sociology also studies state as one of the human associations. The state, in its early form, was more a social institution than a political one.

Moreover, a political scientist must also be a sociologist. The laws of the state have a great influence upon society. These laws are largely based on customs, traditions, conventions and us­ages. But these customs, traditions, etc., are the concern of sociology.

The institution of family, for example, is an element in social life. It is the concern of sociology. But the laws of marriage, made to regulate the family, fall within the field of political science.

Common Foci of Attention:

There are some common topics of interest for both sociologists and political scientists. Such topics as war, mass movements, revolutions, government control, public opinion, propaganda, lead­ership, elections, voting, political minorities, social legislations like civi.1 code and the like may be cited here as examples.

Further, many of the social problems are also deep political problems. Communal riots, {clashes between Muslims and Christians, Hindus and Muslims, Protestants and Christians etc.), racial ten­sions between Whites and Negroes, Asians and Europeans, etc., border disputes between different states, caste conflicts, etc., are problems that have political as well as social implications. It has become quite common to use political instruments to solve such social problems like beggary, un­employment, prostitution, poverty, crime, etc.

The interrelationship of political science and sociology has been stressed by some thinkers. Prof. Giddings says that “to teach the theory of the state to men who have not learnt the first prin­ciples of sociology is like teaching astronomy or thermodynamics to men who have not learnt the Newtonian Laws of Motion”.

F.G. Wilson remarks that “it must be admitted, of course, that it is often difficult to determine, whether a particular writer should be considered a sociologist, political theorist or philosopher”. According to Comte and Spencer, there is no difference whatsoever be­tween the two. G.E.C. Catlin has remarked that political science and sociology are two facets or aspects of the same figure.

Can opposition proceedings be granted a patent? – Essay

(a) That the applicant for the patent or the person under or through whom he claims wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims;

(b) That the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim-

(i) In any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or

(ii) In India or elsewhere, in any other document:

Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;

(c) That the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant’s claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant’s claim;

(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

Explanation – For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such imported has been for the purpose of reasonable trial or experiment only;

(e) that the invention so far as claimed in any claim of the compel specification is obvious and clearly does not involve any inventor step, having regard to the matter published as mentioned in clause I (b) or having regard to what was used in India before the priori date of the applicant’s claim;

(f) That the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act;

(g) That the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; I

(h) That the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge;

(i) That in the case of convention application, the application was not made within twelve months from the date of the first application I for protection for the invention made in a convention country by the applicant or a person from whom he derives title;

(j) That the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;

(k) That the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground and the Controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed.

At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, namely:-

(a) That the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims;

(b) That the invention so far as claimed in any claim of the complete specification has been published before the priority date of the clearing

(i) In any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or

(ii) In India or elsewhere, in any other document:

Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;

(c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee;

(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

For the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only;

(e) That the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the claim;

(f) That the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act;

(g) That the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;

(h) That the patentee has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge;

(i) that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title;

(j) That the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention;

(k) That the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground.

Where any such notice of opposition is duly given under sub-section (2), the Controller shall notify the patentee.

On receipt of such notice of opposition, the Controller shall, by order in writing, constitute a Board to be known as the Opposition Board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that Board for examination and submission of its recommendations to the Controller.

Every Opposition Board constituted under clause (b) shall conduct the examination in accordance with such procedure as may be prescribed.

On receipt of the recommendation of the Opposition Board and after giving the patentee and the opponent an opportunity of being heard, the Controller shall order either to maintain or to amend or to revoke the patent.

While passing an order under sub-section (4) in respect of the ground mentioned in clause (d) or clause (e) of sub-section (2), the Controller shall not take into account any personal document or secret trial or secret use.

In case the Controller issues an order under sub-section (4) that the patent shall be maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly.

According to section 26: Where in any opposition preceding under this Act the Controller finds that-

(a) The invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub section (2) of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent;

(b) A part of an invention described in the complete specification was so obtained from the opponent; he may pass an order requiring that the specification be amended by the exclusion of that part of the invention.

Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act.”

Section 28 provides that if the Controller is satisfied, upon a request or claim made in accordance with the provisions of this section, that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and that the application for the patent is a direct consequence of his being the inventor, the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of patents, provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent.

Here is your free sample essay on Arbitration

It signified the referral of a dispute outside of or above the ordinary law. But in due course, the word came to mean a person selected for settlement of disputes. Though it is not judicial in the strictest sense, yet arbitration is regulated by law by implication and the arbitrators cannot act arbitrarily, capriciously or misconduct themselves.

In ancient India there were several grades of arbitration, for example the Puga or a board of persons who belonged to different sects and tribes but lived in the same locality; the Sreni or assemblies of tradesmen and way with each other, the Kula or groups of persons bound by family ties.

From early times, the decisions of Panchayats were accepted as binding. According to Colebrooke (an English scholar and commentator on ancient Hindu law), Panchayats were different systems of arbitration subordinate to the regular courts of law.

The decision of a Kula or kin group was subject to revision by the Sreni which, in turn, could be revised by the Puga. From the decision of the Puga, appeal was maintainable to Pr3dvivaca and finally to the sovereign and the prince.

The objects of arbitration are speed, economy, convenience, simplicity of procedure, secrecy and the encouragement of healthy and friendly relations between the disputants. Arbitration is increasingly being used in national and international commercial transactions, and arbitrators are like private judges between the concerned parties.

For centuries, people engaged in commerce have preferred to use arbitration rather than the courts to resolve their business disputes. In a large number of cases the arbitrators are laymen without any legal training, but are known to be impartial and are usually knowledgeable about the intricacies and practices of the business in question.

Arbitration is often described as approximate justice with finality as against justice administered in the courts which has many rounds of appeal. It is advantageous in cases involving disputed questions of facts, for example whether goods are up to the original samples or in the assessment of damages or whether compensation is reasonable.

But in complicated matters where intricate questions of law likely to arise, legal proceedings are the betters course. Arbitration, like courts, can also work both ways. For example, sometimes it can turn out to be more expensive than litigation. This is not because there the machinery is operated by human agency and no force can be used. At other times honest people fear arbitration more than they do law suits.

In India, the process of the appointment and proceedings of arbitration are prescribed by a law known as the Arbitration Act 1940 and the judgement known as award is subject to judicial appeal. The scheme of the Act is to provide a domestic forum for speedy and substantial justice unhampered by legal technicalities.

Almost all matters in dispute that are not of a criminal nature can be referred to arbitration. All matters of a civil nature, therefore, with crew exceptions, where they relate to present or future disputes, may form the subject of reference, but not a dispute that has arisen from and is founded on an illegal transaction.

However, where the law has given jurisdiction to determine a matter to specified tribunals only and determination of that matter by other tribunals is excluded, they cannot be referred to arbitration.

Proceedings in insolvency including the question whether or not a certain person should be declared insolvent, or matters regarding tenancy, the Rent Act, etc. cannot be referred to arbitration.

The law provides that the agreement to refer to arbitration should be in writing. There cannot be an oral agreement should be in writing. There cannot be an oral agreement or reference to arbitration. The parties can go in for sole arbitration or each party appointing an arbitrator.

If there is more than one arbitrator, the parties have to appoint an ‘umpire’ to whom the dispute is referred if there is any disagreement between the arbitrators. The arbitrators must be a reasonable opportunity to the parties to be heard either in person or, if the parties desire, through their advocates.

The principles of natural justice including Asia Alteram Partem an Memo Judice in re Suo Moto must be observed. The parties can lead evidence and file documents. The arbitrators must give their award within four months.

However, this time can be extended by the parties themselves by consent or if any one of the parties does not consent, then the court has the power to extend the time in proper cases after hearing the parties. The umpire has also to give award within four months.

The Act also provides that in a pending case before the court, if it is felt that the questions involved are too technical and require expert knowledge and if the parties agree, the court refers the case to arbitration. Such reference is known as reference by the court.

The procedure is the same as in arbitration by private agreement, except that the arbitrators are responsible to the court and the award is filed in the case in the court, which remains undisposed till the award is filed.

The parties may also provide that the arbitrators can dispense with the elaborate procedural law and can adopt a summary procedure in order to avoid delay and elaborate documentation, and to save expenses.

If the parties accept the award it becomes the rule of the Court and that is the end of the dispute. It is now settled than an award can be made without stating any reasons unless parties by mutual agreement require reasons to be given.

Most of the awards do not give reasons, so there are less chances of finding fault by the courts. When no reasons are recorded for arrived at the award the courts do not speculate into the mental process or reasons which may have carried weight with the arbitrator.

However, there are limited grounds on which the award can be challenged. These are:

(i) Than an arbitrator or umpire has misconduct himself in the proceedings.

(ii) Than an award has been made after the issue of an order by the court superseding the arbitration of after arbitration proceedings have become invalid under Section 35;

(iii) That an award has been improperly procured or is otherwise invalid.

The court may upon hearing the parties either affirm, very, or set aside the award. There are further appeals up to the Supreme Court by either party.

The arbitrator’s fees and other expenses are paid by the parties. However, in the award, the arbitrators can also give directions about payment of costs by a party or parties.

Essay on Social Contract Theory

(a) Thomas Hobbes (1588-1679):

Thomas Hobbes, an English thinker, was of the opinion that society came into being as a means for the protection of men against the consequences of their own nature.

Man in the state of nature was in perpetual conflict with his neighbours on account of his essentially selfish nature. To quote Hobbes, the life of man was “solitary poor, nasty, brutish and short”. Every man was an enemy to every other man.

Hobbes in his book “Leviathan” has made it clear that man in the state of nature was not at all social According to him; man found “nothing but grief in the company of his fellows”—all being almost equally “selfish, self-seeking, cunning, egoistic, brutal and aggressive”. Thus, men in the state of nature were like hungry wolves each ready to pounce on the other with all its ferocity.

Since the conditions in the state of nature were intolerable and men longed for peace, the people entered into a kind of social contract to ensure for themselves security and certainty of life and property.

By mutual agreement they decided to surrender their natural rights into the hands of a few or one with authority to command. The covenant or agreement was of each with all and of all with each. The covenant was, of course, a social contract and a governmental contract. The contract became binding on the whole community as a perpetual social bond. Thus, in order to protect him­self against the evil consequences of his own nature man organised himself in society in order to live in peace with all.

Individual and Society:

(b) John Locke (1632-1704):

John Locke, another English political philosopher, believed that man in the state of nature was enjoying an ideal liberty, free from all sorts of rules and regulations.

The state of nature was a state of “peace, goodwill, mutual assistance, and preservation”. But there was no recognised system of law and justice. Hence his peaceful life was often upset by the “corrup­tion and viciousness of degenerate men”. Man was forced to face such an “ill condition”.

John Locke, the British writer who supported the cause of limited monarchy in England, main­tained in his “On Civil Government” that the “ill condition” in which men were forced to live was “full of fears and continual dangers”. In order to escape from this and to gain certainty and security men made a contract to enter into civil society or the state.

This contract Locke called ‘social con­tract’. This contract put an end to the state of nature and substituted it by civil society. The social contract was no more than a surrender of certain rights and powers so that man’s remaining rights would be protected and preserved.

The contract was for limited and specific purposes, and what was given up or surrendered to the whole community and not to a man or to an assembly of men (as Hobbes said). Locke made it clear that the social contract later on contributed to the governmental control.

The governmental contract was made by the society when it established a government and selected a ruler to remove the inconveniences of “ill-condition”.

(c) Jean Jacques Rousseau (1712-1778):

J.J. Rousseau, the French writer of the 18th century, in his famous book “The Social Contract” (1762) wrote that man in the state of nature was a ‘noble savage’ who led a life of “primitive simplicity and idyllic happiness”. He was independent, con­tented, self-sufficient, healthy, fearless and good.

It was only primitive instinct and sympathy which united him with others. He knew neither right nor wrong and was free from all notions of virtue and vice. Man enjoyed a pure, unsophisticated, innocent life of perfect freedom and equality in the state of nature, Rousseau argued. Men were free from the influence of civilisation, and sought their own happiness uncontrolled by social laws and social institutions.

But these conditions did not last long. Population increased and reason was dawned. Simplic­ity and idyllic happiness disappeared. Families were established, institution of property emerged and human equality was ended. Man began to think in terms of ‘mine’ and ‘thing’. Difference between stronger and weaker, rich and poor, arose.

Emergence of Civil Society:

When equality and happiness of the early state was lost, war, murder, conflicts, wretchedness, etc., became the order of the day. The escape from this was found in the formation of a civil society.

Natural freedom gave place to civil freedom by a social contract. As a result of this contract a multitude of individuals became a collective unity—a civil society. Rousseau said that by virtue of this contract “everyone while uniting himself to all remains as free as before”.

General Will. There was only one contract according to Rousseau which was social as well as political. The individual surrendered himself completely and unconditionally to the will of the body of which he became a member.

The body so created was a moral and collective body and Rousseau called it the ‘general will’. The unique feature of the general will was that it represented collective good as distinguished from the private interests of its members. The will was ‘inalienable and indi­visible’ according to him.

Criticism:

The theory of social contract has been widely criticised. (1) Historically, the theory seems to be a mere fiction. There is nothing in the whole range of history to show that the society has ever been deliberately created as a result of voluntary agreement or contract. Nor can we suppose that man could ever think of entering into a contract with others when he lived under conditions of extreme simplicity, ignorance and even brutality.

Secondly, the theory is far away from the facts. Nothing like the state of nature has ever ex­isted. The most primitive peoples that the anthropologists have described lived in some form of society or the other, however rudimentary or unorganised it may be. It is quite unhistorical to sup­pose, that such men would resort to a contract.

More communal than individual and the unit of society was not the individual but the family. Each man was born into his family, and into his status in society. “Society has moved from status to contract and not from contract to status” as the champions of the theory argued. Contract is not the beginning of society but the end of it, said Sir Henry Maine.

Fourthly, our own common sense tells us that there are always two parties to the contract. There cannot be a one-sided contract, as was conceived by Hobbes (Moreover, every contract lapses after the death of one of the contracting parties).

Fifthly, conception of natural rights and natural liberty, as is said to have existed in the state of nature, is illogical and fallacious. Liberty cannot exist in the state of nature. Law is the condition of liberty. Without restraint liberty is nothing short of licence, and condition of licence is anarchy. Rights, too, arise only in a society. If there is no society we cannot think of rights.

Finally, there can be no rights without a consciousness of common interest on the part of members of a society and common consciousness was conspicuous by its absence in the state of nature.

How to really Control Pollution in India?

To integrate natural resources accounting into the national accounting process, collection and analysis of environmental data have been started recently. It is proposed to produce a computerized map of the critically polluted areas through digitization, on a format based on Geographic Information System.

Base thematic maps on 1.6 m scale have been prepared for the country on the following themes : (i) major river basins and drainage networks; (ii) administrative divisions; (iii) designed best use classification of streams; (iv) location or water and air pollution monitoring stations; (v) location of critically polluted areas; and (vi) major cities of India (above one lakh population).

Industries in India are expected to prepare environmental reports. Model environment reports for six categories of industries have already been prepared. A booklet titled “Environment Statement as part of environment Audit” has been prepared by the Ministry of Environment.

A software package ‘Paryawaran’ has been prepared for analysis of information submitted in these environment reports and distributed to all the State Pollution Control Boards.

An “Eco-mark” label has been introduced to label consumer products that are environment friendly. Sixteen products have been identified for labeling and standardization for toilet soaps and detergents, paper, paints, architectural paints and laundry soaps have been notified for marking this label.

The Bureau of Indian Standards (BIS)/ Directorate of Marketing and Inspection (DMI) is the authorized agency for labeling. So far one license has been granted by the BIS to a product under the soaps category.

In small scale industries cleaner technologies are being adopted for extending technical support. Training and awareness programmes for personnel are being taken up in Small Industry Development Organization.

Entrepreneurs are being organized with the help of manual “From Waste to Profits” giving guidelines for waste minimization. Sector specific manuals on waste minimization in respect of pulp and paper, pesticides formulations and textiles dyeing and printing have been already prepared.

Waste Minimization Circles (WMCs) are being established to promote group efforts in increasing productivity and improving the environmental conditions in small and medium scale industries through adoption of waste minimization techniques.

A major programme for improvement of automotive fuels such as motor gasoline and diesel is being introduced in the country in a phased manner, with the objective of improving the air quality of the cities of our country.

Low lead petrol (0.15 gms/litre lead content) was introduced at all retail outlets of the country from 1 April 1996. Unleaded petrol was also made available in selected retail outlets of the four metro cities of Delhi, Mumbai, Calcutta and Chennai from 1 April 1995.

High Sulphur Diesel containing 0.5 percent sulphur has also been introduced in the four metro cities and in the Taj Trapezium area from 1 April 1996. A ‘Vehicular Pollution Control Mission’ was launched in Delhi to control Pollution from on road vehicles.

The Central Pollution Control Board (CPCB) is the national apex body for assessment, monitoring and control of water and air pollution. The executive responsibilities for enforcement of the Acts for Prevention and Control of Pollution of Water (1974) and Air (1981) and also of the Water (Cess) Act, 1977 are carried out through the Board.

Under the Environment (Protection) Act, 1986, effluent and emission standards in respect of 61 categories of industries have been notified.

Seventeen categories of heavily polluting industries have been identified: cement, thermal power plants, distilleries, sugar, fertilizer, integrated, iron and steel, oil refineries, pulp and paper, petrochemicals, pesticides, tanneries, basic drugs and pharmaceuticals, dye and dye intermediates, caustic soda, zinc smelter, copper smelter and aluminum smelter.

Out of a total of 1,551 units listed under these 17 categories, 1,220 units have installed facilities for pollution control and 111 units had to be closed down.

The central Pollution Control Board in consultation with State Pollution Control Boards has listed 22 polluted areas in the country which need special attention.

These are Vapi (Gujrat), Singrauli (UP), Korba, Ratlam, Nagda (Madhya Pradesh), Digboi (Assam), Talcher (Orissa), Bhadravati (Kamataka), Howrah (West Bengal), Dhanbad (Bihar), Pali and jodhpur (Rajasthan), Manali and North Arcot (Tamil Nadu), Visakhapatnam and Patancheru (Andhra Pradesh), Chembur (Maharashrta), Najafgarh (Delhi), Govindgarh (Punjab), Udyog Mandal (Keral) and Parwanoo and Kala Amb (HP).

An intensive ambient air quality monitoring network is to be established in the National Capital Region (NCR) and monitoring of S02, NOX and SPM has been initiated in the cities, towns and villages of Haryana, Uttar Pradesh, Rajasthan and Delhi.

The Central Pollution Control Board and the State Pollution Control Boards regularly conduct vehicular and noise pollution surveys in different cities of the country.

A customized software package has been developed by the Board to review the water quality data that is being generated by the 480 water quality monitoring stations. A total of 1,532 grossly polluting industries in 24 states/union territories stand identified under the National River Action Plan.

Comprehensive River Basin Documents for the rivers Uihas, Brahmaputra, Pennar, Indus part II, Rishikulya and Chaliyar are under preparation by the Board.

The Central Pollution Control Board distributes simple water-testing kits to non-government organizations free of cost and provides financial assistance to them for conducting mass awareness programmes for prevention and control of pollution.

Essay on the importance of specification in patent

Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications.

The period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.

Where an application for a patent is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly.”

Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification, the Controller may, if the applicant so requests at any time before grant of patent, cancel the provisional specification and post-date the application to the date of filing of the complete specification.

Section 10 prescribes that every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.

Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.

If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.

The object and purpose of a specification is that it should enable, I not anybody, but a reasonably well informed artisan, technologist, or skilled workmen, dealing with the subject-matter with which he is familiar to make the thing so as to make it available for the public at the end of the protected period.

Every complete specification shall contain beside the title-

(a) A full and particular description of the invention and its operation or use and the method by which it is to be performed;

(b) A disclosure of the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection;

(c) A claim or claims defining the scope of the invention for which protection is claimed. The claim or claims should relate to one invention only whether the invention is for a process or product. A patentee should make out with adequate distinctness the boundary of the territory that he claims to be exclusively his own.

(d) It shall be accompanied by an abstract to provide technical information on the invention, provided that the Controller may amend the abstract. If a biological material is mentioned without giving description and if such material is not available to the public, the material shall be deposited to an international depository authority under the Budapest treaty.

All the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution.

Essay on Relationship Between Sociology and Other Social Sciences

Sociology, as social science, has joined the family of social sciences very recently. It was born at a time when there was no other social science to study the human society in its entirety with all its complexity.

It is essential for a student of sociology to know in what respect his subject differs from the other social sciences and in what ways it is related to them. However, this is not an easy task. It is more difficult to distinguish sociology from the various social sciences, because the same content or area of investigation is sometimes studied by different social sciences with different degrees of emphasis.

Further, some of the relationships between sociology and other social sciences have been mat­ters of controversy. For example, there are some thinkers, like Comte, Spencer, Hobhouse, who would say that sociology is the basic or the sole social science and all the others are its subdivisions.

There are others like Giddings who would argue that sociology is not the ‘sole’ science, not the mother of other social sciences, but only their common sister. Some others regard sociology as a specialised science of social phenomena; as specialised in its interests as are economics and political science.

Again, some sociologists profess to see the closest relations between sociology and psy­chology on the one hand, and sociology and anthropology on the other. Still some others say that sociology and history are more interrelated than others.

In the field of social sciences interdisciplinary approach is gaining more currency today. Un­derstanding of one social science requires some around of understanding of the other. Further, sociology as a young science, has borrowed many things from other sciences.

In return, it has en­riched other sciences by its highly useful sociological knowledge. In this context, it becomes essen­tial for us to know the interrelation between sociology and history, economics, political science, anthropology, social psychology and education.

Essay on Important Developments in Science and Technology in India

The policy also envisaged the well- planned effort for promoting and encouraging the growth of science and technology personnel on a scale adequate to fulfill the country’s needs in areas of agriculture, education, industry and defence. The policy also aimed at securing for the people all the benefits that could accrue from’ the acquisition of knowledge of science and its application in day-to-day life.

Recognizing the role that technology can play in the development of society, a Technology policy statement was issued in 1983 with the need for developing indigenous technology and ensuring efficient absorption and adaptation of imported technology appropriate to national priorities, and availability of resources.

Scientific and technological activities in India can be classified into, the following categories:

(1) Central Government: (2) State Government; (3) Higher Educational sector; (4) Public and private sector industry; (5) Non-profit institutes and associations; (6) India council of scientific and Industrial Research; (7) India council of Agricultural Research; (8) Indian council of medical Research; (9) Department of Atomic Energy; (10) Department of space; (11) Department of Electronics; (12) Department of ocean Development; (13) Defence Research and Development organization; (14) Department of Forests and Environment (15) Ministry of science and Technology; (16) ministry of non- conventional Energy sources; (17) Agricultural universities with their Research stations under the state Governments; (18) 1,200 in-house and research and development units in industrial undertakings supporting research in their respective industries.

One of the important activities of the Department of science and Technology has been to identify and promote front line and priority areas of Research and Development in various disciplines of science and technology.

This is done through carefully evolved mechanism of science and Engineering Research council, an advisory body consisting of eminent scientists and technologists drawn from universities, national laboratories and industry.

Technology police implementation committee recommended the establishment of an autonomous body: Technology information Forecasting and Technology Assessment Council with the objective of Technology Forecasting and Technology Assessment, and Techno Market Survey. TIFAC has taken the initiative in numerous technology surveys and new topics like surface engineering.

The Department of science and Technology has guided socio-economic industries in the setting up of science and Technology Advisory committee for the formulation of long-term and short-term development programmes.

The department also provides support for the National Super-conductivity Programme (NSP), a naturally conducted programme of three government departments/agencies, namely Department of Atomic Energy, Department of Science and Technology, and council of Scientific and Industrial Research under the aegis of the Natural Superconductivity Science and Technology Board.

A significance activity being pursued by TIFAC is promotion of specific Home Crown Technologies which will strengthen the linkages between research institutions and industry by commercialization of technologies developed indigenously. Already 12 projects are under implementation.

These are in areas of CPC substitutes, co-based chemicals, Vitamin A, 64- bit parallel computer, flashover, High energy rare earth magnets, Cobalt recovery etc. TIFAC also focused attention on technical education.

All India Council of Technical of Technical Education has taken up a programme for changing the curriculum based on the forecasts and assessment available on various technologies. About 12 institutions are involved in this exercise.

The on-line technology information system, TIFACLINE has made steady progress with concerted efforts being made towards proliferation of TIFACLINE services in various parts of the country. TIFAC regularly interacts with industry associations such as AS3QCHAM, FICCI on various issues.

Short essay on priority date

Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification which the matter was first disclosed.

Where, under the foregoing provision of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.

A claim in a complete specification of a patent shall not be invalid by reason only of the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date.

Essay on The Election Commission of India Duties and Responsibilities

Section 29 of the Representation of the People Act 1951, provides for registration of political parties by the Election Commission. A party registration with the Election Commission may be granted recognition as a National or State Party on the fulfillment of certain criteria based on its poll performance.

If a party fulfils the criteria for recognition under the Election symbol, in our or more states, it is deemed to be a National party. A political party recognized in less than four states is a state Party for the state or states it is recognized as such. An exclusive symbol is reserved for a National Party throughout India. In the case of a State Party, a symbol is reserved for it in the state or states in which it is so recognized.

Such symbols are allotted only to the candidates of the parties for which they are so reserved. As on August 13, 1996, as many as 551 political parties were registered with the Election Commission. Of them eight parties were recognized as National Parties and 37 parties as state parties.

The election law has undergone some important changes since August 1, 1996 in the Representation of the peoples (Amendment) Act. Important changes are:

(i) Disqualification on conviction Act 1971. Any conviction for insulting the national symbol, say flag, or the constitution,

(ii) Increase in security of the candidates. Deposit of MP Rs 19,000, concessions for scheduled caste. Deposit for MLA Rs. 5,000, concessions for schedules caste,

(iii) Restriction on contesting election for more than two seats,

(iv) Listing of candidates by party,

(v) On death of a candidate’s the party can nominate another candidates without paying fresh deposit,

(vi) Prohibition of going armed near a polling station.

(vii) All registered electors to be paid on holiday,

(viii) No liquor to be sold served near a booth,

(ix) Time limit for holding bye-elections.

Reservation of seats:

The constitution provides for determination of seats reserved for scheduled tribes in Arunachal pradesh, Meghalaya, Mijoram, and Nagaland. There are also other kinds of reservations of seats in the country.

General Elections:

Eleven Lok Sabha and the same number of state assembly elections have been held in the country so far. The First General Elections for the Lok Sabha and State Assemblies A, B and C states were held in 1951-52. Second general elections were held in 1957, shortly after reorganization of States as simultaneous elections both for the Lok Sabha and the state Legislative Assemblies of Kerala and Orissa got out of step with the general elections.

With the result that simultaneous elections could not be held in these two states. In 1967 fourth general election the lok sabha were held as usual, out Nagaland and Pondicherry held their Assembly elections away from the general elections. In 1971 fifth general elections were held for the Lok Sabha and all State Assemblies including Orissa, Tamil Nadu and West Bangle in which elections had been held in 1967.

In 1977, Kerala was the only state where elections to legislative Assembly were held along with the sixth general elections for the Lok Sabha for Whole of India. In January 1980, the seventh general elections were held, to the Lok Sabha along with simultaneous Legislative Assemblies in Manipur, Arunchal Pradesh, Daman and Diu and Pondicherry.

The eighth general elections to the Lok Sabha were held on December 28, 1984, along with simultaneous election to legislative Assemblies in 20 states and union territories, except Assam and Punjab.

The ninth Lok Sabha elections were held in the last week of November 1989 except in Assam where the revision of rolls was not complete by that time. Simultaneous election was also held to constitute new assemblies in Andhra Pradesh.

The ninth Lok Sabha did not serve its full term. The house was dissolved on March 12 1991. Elections to 511 seats of the tenth Lok sabha were held on May 12 1991 except six seats in Jammu and Kashmir, and 13 seats in Punjab.

Elections were also held for the state Legislative Assemblies of Assam, West Bengal, Utter Pradesh, Haryana, Kerala, Tamil Nadu and pondicherry seats in 14 states was held on November 16, 1991. Elections to the lok Sabha and Assembly seats in Punjab were held on February 9, 1992.

The term of the tenth Lok Sabha was to expire on July 8, 1996. General Elections to the Lok Sabha were held on April 27, and may 2, 7, 27, and 1996. Elections were also held to constitute new Assembly in Kerala, Tamil Nadu, Haryana, west Bengal, Assam and Pondicherry.

Assembly election in the state of Jammu and Kashmir was conducted in September 1996, after a gap of nearly nine years. Elections to constitute new assembly in Utter Pradesh were also held in September-October 1996.

The twelfth mid-term elections to the Lok Sabha and State Assemblies were held from February 16 to March 8, 1998. State Assembly elections to Delhi, Rajasthan, Madhya Pradesh and Mizoram were held in November 1998.